Environmental – Know The Laws of Your Province

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Environmental – Know The Laws of Your Province

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Environmental regulations are vital for ensuring safe and healthy workplace conditions, particularly where chemical, thermal, and atmospheric hazards may arise. These regulations require employers to assess environmental risks, implement control measures, and maintain proper ventilation and temperature conditions. Workers must be trained in recognizing environmental hazards and their duties include reporting unsafe conditions and refusing dangerous work when necessary. While general environmental protection standards are consistent across Canada, each province and territory has specific regulations addressing unique environmental risks. Compliance with these regulations helps prevent health issues, limits exposure to contaminants, and promotes long-term environmental and occupational safety.

FEDERAL

Under the Canada Labour Code Part II, Sections 124, 125.1, 125.2(1), and the Canadian Environmental Protection Act Sections 44(1), 56, 64, employers are responsible for protecting both worker health and the environment from hazardous substances. They must ensure proper identification, handling, storage, and labelling of these substances, provide access to safety data sheets, and assess and monitor exposure. Employers may also be required to implement pollution prevention plans and support environmental monitoring and research. These responsibilities are essential to maintaining a safe, healthy, and environmentally responsible workplace.

PART II - Occupational Health and Safety

Duties of Employers

General Duty of Employer

Every employer shall ensure that the health and safety at work of every person employed by the employer is protected. Section 124.

Further Specific Duties of Employer

Without restricting the generality of section 124 or limiting the duties of an employer under section 125 but subject to any exceptions that may be prescribed, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,

(a) ensure that concentrations of hazardous substances in the workplace are controlled in accordance with prescribed standards;

(b) ensure that all hazardous substances in the workplace are stored and handled in the manner prescribed;

(c) ensure that all hazardous substances in the workplace, other than hazardous products, are identified in the manner prescribed;

(d) subject to the Hazardous Materials Information Review Act, ensure that each hazardous product in the workplace or each container in the workplace in which a hazardous product is contained has affixed to it, printed on it, attached to it or otherwise applied to it a label that meets the prescribed requirements;

(e) subject to the Hazardous Materials Information Review Act, make available to every employee, in the prescribed manner, a safety data sheet for each hazardous product to which the employee may be exposed that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act;

(f) where employees may be exposed to hazardous substances, investigate and assess the exposure in the manner prescribed, with the assistance of the workplace committee or the health and safety representative; and

(g) ensure that all records of exposure to hazardous substances are kept and maintained in the prescribed manner and that personal records of exposure are made available to the affected employees. Section 125.1.

Employer to Provide Information in Emergency

(1) An employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls that activity, provide, in respect of any hazardous product to which an employee may be exposed, as soon as is practicable in the circumstances, any information that is included in the safety data sheet that is in the employer’s possession for the hazardous product to any physician or other prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency. Section 125.2.

Canadian Environmental Protection Act

PART 3 - Information Gathering, Objectives, Guidelines and Codes of Practice

Environmental Data and Research - Monitoring, research and publication

(1) The Minister shall:

(a) establish, operate and maintain a system for monitoring environmental quality;

(b) conduct research and studies relating to pollution prevention, the nature, transportation, dispersion, effects, control and abatement of pollution and the effects of pollution on environmental quality, and provide advisory and technical services and information related to that research and those studies;

(i) environmental contamination arising from disturbances of ecosystems by human activity,

(ii) changes in the normal geochemical cycling of toxic substances that are naturally present in the environment, and

(iii) detection and damage to ecosystems;

(d) collect, process, correlate, interpret, create an inventory of, and publish on a periodic basis data on environmental quality in Canada from monitoring systems, research, studies and any other sources;

(e) formulate plans for pollution prevention and the control and abatement of pollution, including plans respecting the prevention of, preparedness for and response to an environmental emergency and for restoring any part of the environment damaged by or during an emergency, and establish, operate and publicize demonstration projects and make them available for demonstration; and

(f) publish, arrange for the publication of or distribute through an information clearing-house:

(i) information respecting pollution prevention,

(ii) pertinent information in respect of all aspects of environmental quality, and

(iii) a periodic report on the state of the Canadian environment. Section 44(1).

For more information:

Part 4 - Pollution Prevention - Pollution Prevention Plans. Section 56 (1) to (6).
Part 5 - Controlling Toxic Substances – Interpretation. Section 64.

Further details on the Canada Labour Code and Canadian Environmental Protection Act can be found at justice.gc.ca and justice.gc.ca.

ALBERTA

In Alberta, employers are responsible for controlling environmental hazards under the OHS Act Section 3(1), OHS Code Part 4 Section 16, and the Environmental Protection and Enhancement Act Part 5 Sections 108–112. They must limit worker exposure to harmful substances, prevent and report releases, and take remedial action when incidents occur. These duties are essential to protect health, prevent environmental damage, and ensure compliance with safety laws.

Part 1 - General Obligations

Obligations of employers

(1) Every employer shall ensure, as far as it is reasonably practicable for the employer to do so,

(a) the health, safety and welfare of

(i) workers engaged in the work of that employer,

(ii) those workers not engaged in the work of that employer but present at the work site at which that work is being carried out, and

(iii) other persons at or in the vicinity of the work site whose health and safety may be materially affected by identifiable and controllable hazards originating from the work site. Section 3(1).

Part 4 - Chemical Hazards, Biological Hazards and Harmful Substances

General Requirements

Worker Exposure to Harmful Substances

(1) An employer must ensure that a worker’s exposure to any substance listed in Schedule 1, Table 2 is kept as low as reasonably achievable.

(2) An employer must ensure that a worker’s exposure to any substance listed in Schedule 1, Table 2 does not exceed its occupational exposure limits listed in Schedule 1, Table 2.

(2.1) The amended occupational exposure limit for coal dust as shown in Schedule 1, Table 2 comes into effect on July 1, 2010.

(3) If no occupational exposure limit is established for a harmful substance present at a work site, an employer must ensure that a worker’s exposure to that substance is kept as low as reasonably achievable.

(3.1) A worker may not be exposed to a substance listed in Schedule 1, Table 2 at a concentration exceeding its ceiling limit at any time.

(4) If no 15‑minute occupational exposure limit or ceiling occupational exposure limit is listed for a substance in Schedule 1, Table 2, the employer must:

(a) comply with the 8‑hour occupational exposure limit, and

(b) ensure that a worker’s exposure to that substance does not exceed:

(i) 3 times the 8‑hour occupational exposure limit for more than a total of 30 minutes during a continuous 24‑hour period, and 5 times the 8‑hour occupational exposure limit, or

(ii) the concentration that is immediately dangerous to life and health, whichever is lower. Section 16 (1) to (4).

Part 5 - Release of Substances

Division 1 - Releases of Substances Generally

Prohibited Release Where Approval or Regulation

(1) No person shall knowingly release or permit the release of a substance into the environment in an amount, concentration or level or at a rate of release that is in excess of that expressly prescribed by an approval, a code of practice or the regulations.

(2) No person shall release or permit the release of a substance into the environment in an amount, concentration or level or at a rate of release that is in excess of that expressly prescribed by an approval or the regulations.

(3) For the purposes of this section, if there is a conflict between an approval or a code of practice and the regulations as to an amount, concentration, level or rate of release of a substance, the most stringent requirement prevails. Section 108 (1) to (3).

Prohibited Release Where no Approval or Regulation

(1) No person shall knowingly release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect.

(2) No person shall release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect.

(3) Subsections (1) and (2) apply only where the amount, concentration, level or rate of release of the substance is not authorized by an approval, a code of practice or the regulations.

(4) No person may be convicted of an offence under this section if that person establishes that the release was authorized by another enactment of Alberta or Canada. Section 109 (1) to (4).

Duty to Report Release

(1) A person who releases or causes or permits the release of a substance into the environment that may cause, is causing or has caused an adverse effect shall, as soon as that person knows or ought to know of the release, report it to:

(a) the Director,

(b) the owner of the substance, where the person reporting knows or is readily able to ascertain the identity of the owner,

(d) the person having control of the substance, where the person reporting is not the person having control of the substance and knows or is readily able to ascertain the identity of the person having control, and

(e) any other person who the person reporting knows or ought to know may be directly affected by the release.

(1.1) Where:

(a) a person released or caused or permitted the release of a substance into the environment before September 1, 1993, and

(b) the activity that resulted in the release was permanently discontinued before that date, the person shall as soon as that person is aware that an adverse effect has occurred or is occurring in respect of that release, report the release to the persons specified in subsection (1).

(2) The person having control of a substance that is released into the environment that may cause, is causing or has caused an adverse effect shall, immediately on becoming aware of the release, report it to the persons referred to in subsection (1)(a), (b), (c) and (e) unless the person having control has reasonable grounds to believe that those persons already know of the release.

(3) A police officer or employee of a local authority or other public authority who is informed of or who investigates a release of a substance into the environment that may cause, is causing or has caused an adverse effect shall immediately notify the Director of the release unless the police officer or employee has reasonable grounds to believe that it has been reported by another person. Section 110 (1) to (3).

For more information:

Manner of reporting. Section 111 (1) to (4).
Duty to take remedial measures Section 112 (1)(2)

Further details on the Occupational Health and Safety Act, Occupational Health and Safety Code, and Environmental Protection and Enhancement Act can be found at alberta.ca, https://search-ohs-laws.alberta.ca/legislation and alberta.ca.

BRITISH COLUMBIA

In British Columbia, employers are responsible for environmental safety under the Workers Compensation Act Section 21(1)(2)(a), the Occupational Health and Safety Regulation Sections 5.53, 5.54, and the Environmental Management Act Sections 79 and 87. Employers must ensure a safe workplace, control exposure to hazardous materials through WHMIS compliance, and report and manage environmental spills or emergencies involving polluting substances. These duties are essential to prevent health risks, protect the environment, and uphold safety standards.

Part 2 - Occupational Health and Safety

General Duties of Employers

(1) Every employer must:

(a) ensure the health and safety of:

(i) all workers working for that employer, and

(ii) any other workers present at a workplace at which that employer's work is being carried out, and:

(b) comply with the OHS provisions, the regulations and any applicable orders.

(2) Without limiting subsection (1), an employer must:

(a) remedy any workplace conditions that are hazardous to the health or safety of the employer's workers. Section 21 (1)(2).

Part 5: Chemical Agents and Biological Agents

Workplace Hazardous Materials Information System (WHMIS)

Application

(1) Subject to subsections (2) to (4), sections 5.4 to 5.18 (the WHMIS Requirements) apply to employers and workers with respect to hazardous products used, stored or handled at a workplace.

(2) The provisions concerning a supplier label and SDS do not apply if the hazardous product is:

(a) an explosive as defined in section 2 of the Explosives Act (Canada),

(b) a drug, food or cosmetic device within the meaning of the Food and Drugs Act (Canada),

(d) a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act (Canada), that is radioactive, or

(e) a consumer product as defined in section 2 of the Canada Consumer Product Safety Act.

(3) The provisions do not apply if the hazardous product is:

(a) wood or a product made of wood,

(b) tobacco or a tobacco product as defined in section 2 of the Tobacco Act (Canada),

(d) being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act, 1992 (Canada) or the Transport of Dangerous Goods Act.

(4) The provisions do not apply to a hazardous waste, except that the employer must ensure the safe storage and handling of a hazardous waste generated at the workplace through the combination of worker training and the information required by this Regulation. Section 5.3 (1) to (4).

Prohibition

(1) Subject to subsection (2), an employer must ensure that a hazardous product is not used, stored or handled in a workplace unless all the applicable WHMIS Requirements concerning labels, product identifiers, SDSs and worker education and training are complied with.

(2) An employer may store a hazardous product in a workplace while actively seeking information required by subsection (1). Section 5.4 (1)(2).

For more information:

Part 7 — Powers in Relation to Managing the Environment - Spill prevention and reporting. Section 79 (1) to (7).
Environmental emergency measures. Section 87 (1) to (8).

Further details on the Workers Compensation Act, Occupational Health and Safety Regulation and Environmental Management Act can be found at worksafebc.com, worksafebc.com and gov.bc.ca.

MANITOBA

In Manitoba, employers are required to protect environmental safety under the Workplace Safety and Health Act Section 4(1), and Workplace Safety and Health Act and Regulation, Sections 36.6 to 36.8, as well as the Environment Act Sections 30.1 to 36. Employers must monitor chemical exposure, implement control measures when limits are exceeded, and retain records for 30 years. If a pollutant is released that may cause harm, the release must be reported immediately, and action taken to remediate the impact.

General Duties of Employers

(1) Every employer shall in accordance with the objects and purposes of this Act:

(a) ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers; and

(b) comply with this Act and regulations. Section 4 (1).

Part 36 - Chemical And Biological Substances

Monitoring and Control Measures

Monitoring

(1) If a worker is, or may be, exposed to an airborne chemical or biological substance in the workplace at a concentration in excess of the occupational exposure limit for the substance established under section 36.5, an employer must:

(a) conduct monitoring of the substance on a regular basis to determine the airborne concentration of the substance; or

(b) Implement control measures in accordance with section 36.7 sufficient to ensure that no worker is exposed to the substance in excess of the occupational exposure limit for that substance.

(2) When an employer conducts monitoring under subsection (1), the employer must ensure that:

(a) the concentrations of the chemical or biological substance to which a worker is exposed are determined by a competent person from analyses of air samples representative of the worker’s exposure; and

(b) the air sampling and the analyses of the air samples are conducted in accordance with the requirements of:

(i) the National Institute for Occupational Safety and Health Manual of Analytical Methods, published by the United States Department of Health and Human Services, or

(ii) another method established by a recognized occupational hygiene practice.

(3) An employer must make a record of all monitoring, which must include the following information:

(a) the type of monitoring;

(b) the type of equipment used;

(d) any interpretation of the monitoring data;

(e) the names of the workers whose exposure was measured.

(4) An employer must provide the monitoring records to:

(a) the committee at the workplace;

(b) the representative at the workplace;

(d) upon request, to a worker who was exposed to a chemical or biological substance in the workplace.

(5) An employer must maintain a monitoring record for a 30-year period after the monitoring was conducted. Section 36.6 (1) to (5).

Control Measures

When monitoring under section 36.6 indicates that a worker has been exposed to an airborne chemical or biological substance at a concentration in excess of the occupational exposure limit established for the substance, an employer must implement control measures in the workplace sufficient to ensure that the exposure of the worker to the chemical or biological substance does not exceed the occupational exposure limit in the future. Section 36.7.

Monitoring After Control Measures Implemented

When an employer implements control measures to control the concentration of an airborne chemical or biological substance, the employer must monitor the concentration of the substance in the workplace for a period sufficient to determine that the control measures have reduced the concentration of the substance below the occupational exposure limit for the substance. Section 36.8.

Environment Act

No Unauthorized Release of Pollutants

(1) No person shall release or allow the release of a pollutant in an amount or concentration, or at a level or rate of release, that causes or may cause a significant adverse effect, unless expressly authorized or permitted to do so:

(a) under this Act or the regulations;

(b) under another Act of the Legislature or an Act of Parliament, or a regulation made under one of those Acts; or

(c) by a license, permit, order, instruction, directive or other approval or authorization issued or made under this Act, another Act of the Legislature or an Act of Parliament. Section 30.1.

For more information:

Exception re agricultural operations. Section 30.1 (2).
Duty to report release. Section 30.1 (3).
Reporting by person responsible for pollutant. Section 30.1 (4).
Section 31.
Penalties on individuals. Section 33 (1).
Penalties on corporations. Section 33 (2).
Other penalties. Section 36.

Further details on the Workplace Safety and Health Act, Workplace Safety and Health Act and Regulation, and Environment Act can be found at canlii.org, gov.mb.ca and canlii.org.

NEW BRUNSWICK

In New Brunswick, employers must protect environmental health under OHS Act Section 9(1), General Regulations Section 14(1), 345.2, 345.3, and Clean Environment Act Sections 4.3, 4.31, and 5. They must assess environmental hazards, report contaminant releases, and implement corrective actions.

Duties of employer

(1) Every employer shall:

(a) take every reasonable precaution to ensure the health and safety of its employees;

(b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and

(c) ensure that its employees comply with this Act, the regulations and any order made in accordance with this Act or the regulations. Section 9 (1).

Occupational Health Service

(1) Where an occupational health service is required under section 45 of the Act, the occupational health service shall be established and maintained so as to:

(a) provide leadership, support and medical and technical services in all areas relating to health in the place of employment,

(b) provide ongoing health assessments and health supervision of each employee,

(c) establish appropriate records, standards, procedures, policies and reporting systems to identify and prevent health and safety hazards in the place of employment,

(d) promote prevention of occupational disease and injury through health education, health counselling and environmental assessment programs,

(e) be able to provide an emergency response to injuries and potential disasters in the place of employment, and

(f) enhance or maintain the health of employees through appropriate follow-up care, rehabilitation services or referrals to community based services. Section 14 (1).

Initial Safety Meeting

(1) Before employees start work in a new work area, a safety meeting shall be held to inform the employees of any hazards in that area and the actions to be taken to eliminate or minimize the hazards.

(2) If an employee fails to attend the safety meeting, the employer shall ensure the employee is informed of any hazards in the work area and the actions to be taken to eliminate or minimize the hazards. Section 345.2 (1) (2).

Code of Practice – Environmental Conditions

An employer shall develop a code of practice to protect employees from possible hazardous situations caused by environmental conditions, including:

(a) weather conditions;

(b) topography;

(d) biological hazards. Section 345.3.

Clean Environment Act

Requirement to Notify of a Release

In the circumstances and the manner prescribed by regulation, each of the following persons who knows or has reason to believe that a contaminant has been released into or is present in the environment shall give notice to the Minister and the persons prescribed by regulation:

(a) the person who is the owner of or who is in possession or control of or has responsibility for a contaminant found at the site;

(b) the person who has released a contaminant on the site or has contributed to its release;

(d) the person who was the owner, occupier or operator of the site at the time when a contaminant was released;

(e) any person who was the owner, occupier or operator of the site at any other time when a contaminant was present;

(f) the holder of a mortgage or other charge on the affected land;

(g) the successor, assignee, executor, administrator, receiver, receiver-manager or trustee of a person referred to in paragraphs (a) to (e);

(h) a person acting as principal or agent of a person referred to in paragraphs (a) to (g); or

(i) any site professional. Section 4.3.

Contaminated Sites – Designation

(1) If the Minister determines that an area in the Province has concentrations of a contaminant that exceed the limits prescribed in a protocol, standard, policy, guideline or procedure developed or adopted by the Minister under section 4.9, the Minister may designate the area as a contaminated site in the form established by the Minister under that section.

(2) The Minister may make a designation under subsection (1) if the Minister is of the opinion that it is in the best interests of the public to do so, in circumstances when the contaminant has caused, is causing or may cause:

(a) the natural, physical, chemical, or biological quality or constitution of the environment to be affected, or

(b) the health of human, plant or animal life or the safety or well-being of a human to be adversely affected.

(3) The Minister shall provide written notice of a designation made under subsection (1) to:

(a) each responsible party, and

(b) if the registered owner has not been declared a responsible party, each registered owner of the land referred to in the designation. Section 4.31 (1) to (3).

For more information:

Orders – types and circumstances. Section 5 (1) to (8).

Further details on the Occupational Health and Safety Act, General Regulations, and Clean Environment Act can be found at gnb.ca, gnb.ca and canlii.org.

NEWFOUNDLAND & LABRADOR

In Newfoundland and Labrador, employers are responsible for environmental safety under the OHS Act Sections 4, 5(a), 6, 45, OHS Regulations Sections 14, 23, 44, 45, and the Environmental Protection Act Sections 22 to 28. Employers must assess and control hazards from contaminants, ensure proper ventilation and thermal comfort, prevent and report pollution, and implement remediation plans for contaminated sites. These measures are essential to protect workers’ health and reduce environmental risks in the workplace.

Employers' General Duty

An employer shall ensure, where it is reasonably practicable, the health, safety and welfare of the employer’s workers. Section 4.

Specific Duties of Employers

Without limiting the generality of section 4, an employer:

(a) shall, where it is reasonably practicable, provide and maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to the health of the employer’s workers; Section 5.

Workers' General Duty

A worker, while at work, shall take reasonable care to protect the worker’s own health and safety and that of workers and other persons at or near the workplace. Section 6.

Right to Refuse to Work

(1) A worker may refuse to do work that the worker has reasonable grounds to believe is dangerous to the health or safety of the worker, another worker or another person at the workplace:

(a) until remedial action has been taken by the employer to the worker's satisfaction;

(b) until the committee or worker health and safety representative has investigated the matter and advised the worker to return to work; or

(2) Where a worker refuses to do work under subsection (1), the employer may reassign the worker to other work that is reasonably equivalent to work that is normally performed by the worker and the worker shall accept the reassignment until the worker is able to return to work under subsection (1).

(3) Where a worker is reassigned to other work under subsection (2), the employer shall pay the worker the same wages or salary and grant the worker the same benefits the worker would have received had the worker continued in the worker’s normal work.

(4) Where a worker has reasonably refused to work under subsection (1) and has not been reassigned to other work under subsection (2), the employer shall pay the worker the same wages or salary and grant the worker the same benefits the worker would have received had the worker continued to work, until the worker is able to return to work under subsection (1).

(5) A reassignment of work under subsection (2) is not discriminatory action under section 49. Section 45 (1) to (5).

Occupational Health and Safety Regulations

General Duties of Employers

(1) An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whether permanent or temporary, excavation, machinery, workstations, places of employment and equipment are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used or intended.

(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of the employer’s workers.

(3) The employer shall ensure that safe work procedures are followed at all workplaces.

(4) An employer shall ensure, so far as is reasonably practicable, that work procedures promote the safe interaction of workers and their work environment to minimize the potential for injury. Section 14 (1) to (4).

Violence Prevention

(1) Where a risk of injury to workers from violence is identified by an assessment performed under section 22.1, the employer shall:

(a) establish procedures, policies, and work environment arrangements to eliminate the risk to workers from violence; and

(b) where elimination of the risk to workers is not possible, establish procedures, policies and work environment arrangements to minimize the risk to workers.

(2) Where an employer becomes aware, or ought reasonably to be aware, that family violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker.

(3) In this section, "family violence" has the same meaning as in section 3 of the Family Violence Protection Act. Section 23 (1) to (3).

For more information:

Thermal environment. Section 44 (1) to (5).
Section 45 (1) to (11).
Environmental Protection Act - PART VI - AIR QUALITY MANAGEMENT - Air quality standards and controls. Section 22, 23.
PART VII - CONTAMINATED SITES. Section 24 to 28.

Further details on the Occupational Health and Safety Act, Occupational Health and Safety Regulations , and Environmental Protection Act can be found at assembly.nl.ca, assembly.nl.ca. and canlii.org.

NOVA SCOTIA

In Nova Scotia, employers must address environmental safety under the Occupational Health and Safety Act Sections 13(1)(a), 43, and the Environment Act Sections 2 and 111. Employers are required to take every reasonable precaution to protect worker health and safety and must respond effectively to environmental risks such as air contaminants. The Environment Act further mandates the development of air quality standards and monitoring systems.

Occupational Health and Safety Act

Employers’ Precautions and Duties

(1) Every employer shall take every precaution that is reasonable in the circumstances to:

(a) ensure the health and safety of persons at or near the workplace; Section 13(1).

Right to Refuse Work

Right to Refuse Work and Consequences of Refusal

(1) Any employee may refuse to do any act at the employee’s place of employment where the employee has reasonable grounds for believing that the act is likely to endanger the employee’s health or safety or the health or safety of any other person until:

(a) the employer has taken remedial action to the satisfaction of the employee;

(b) the committee, if any, has investigated the matter and unanimously advised the employee to return to work; or

(2) Where an employee exercises the employee’s right to refuse to work pursuant to subsection (1), the employee shall:

(a) immediately report it to a supervisor;

(b) where the matter is not remedied to the employee’s satisfaction, report it to the committee or the representative, if any; and

(c) where the matter is not remedied to the employee’s satisfaction after the employee has reported pursuant to clauses (a) and (b), report it to the Division.

(3) At the option of the employee, the employee who refuses to do any act pursuant to subsection (1) may accompany an officer or the committee or representative, if any, on a physical inspection of the workplace, or part thereof, being carried out for the purpose of ensuring others understand the reasons for the refusal.

(4) Notwithstanding subsection 50(8), an employee who accompanies an officer, the committee or a representative, as provided in subsection (3), shall be compensated in accordance with subsection (7), but the compensation shall not exceed that which would otherwise have been payable for the employee’s regular or scheduled working hours.

(5) Subject to any applicable collective agreement, and subsection (3), where an employee refuses to do work pursuant to subsection (1), the employer may reassign the employee to other work and the employee shall accept the reassignment until the employee is able to return to work pursuant to subsection (1).

(6) Where an employee is reassigned to other work pursuant to subsection (5), the employer shall pay the employee the same wages or salary and grant the employee the same benefits as would have been received had the employee continued in the employee’s normal work.

(7) Where an employee has refused to work pursuant to subsection (1) and has not been reassigned to other work pursuant to subsection (5), the employer shall, until clause (1)(a), (b) or (c) is met, pay the employee the same wages or salary and grant the employee the same benefits as would have been received had the employee continued to work.

(8) A reassignment of work pursuant to subsection (5) is not a reprisal pursuant to Section 45.

(9) An employee may not, pursuant to this Section, refuse to use or operate a machine or thing or to work in a place where:

(a) the refusal puts the life, health or safety of another person directly in danger; or

(b) the danger referred to in subsection (1) is inherent in the work of the employee. Section 43 (1) to (9).

For more information:

Environment Act. Section 2 (a) to (j).
Part Xi - Air-Quality Management - Duties of and powers of Minister. Sections 111 (1)(a) to (h).

Further details on the Occupational Health and Safety Act and Environment Act can be found at nslegislature.ca and canlii.org.

NORTHWEST TERRITORIES

In Northwest Territories, employers are responsible for environmental safety under the Occupational Health and Safety Regulations Sections 12(a), 21, and the Environmental Protection Act Sections 4 to 7. Employers must implement a written occupational health and safety program addressing hazard identification, emergency response, and safe handling of hazardous substances. They are also required to prevent and respond to contaminant discharges, report environmental emergencies, and take remedial actions to protect the environment.

Occupational Health and Safety Regulations

PART 3 - GENERAL DUTIES

General Duties of Employers

An employer shall, in respect of a work site,

(a) provide and maintain systems of work and working environments that ensure, as far as is reasonably possible, the health and safety of workers; Section 12.

Occupational Health and Safety Program

(1) An employer shall provide an occupational health and safety program under this section if:

(a) there are 20 or more workers who work at the work site; or

(b) the employer is so directed by the Chief Safety Officer.

(2) An occupational health and safety program for a work site must include:

(a) a statement of the employer's policy with respect to the protection and maintenance of the health and safety of workers;

(b) an identification of hazards that could endanger workers at the work site, through a hazard recognition program;

(c) measures, including procedures to respond to an emergency, that will be taken to reduce, eliminate and control the hazards identified under paragraph (b);

(d) an identification of internal and external resources, including personnel and equipment, that could be required to respond to an emergency;

(e) a statement of the responsibilities of the employer, the supervisors and the workers;

(f) a schedule for the regular inspection of the work site and inspection of work processes and procedures;

(g) a plan for the control of hazardous substances handled, used, stored, produced or disposed of at the work site and, if appropriate, the monitoring of the work environment;

(h) a plan for training workers and supervisors in safe work practices and procedures, including procedures, plans, policies or programs that the employer is required to develop;

(i) a procedure for the investigation of refusals to work under section 13 of the Act;

(j) a strategy for worker participation in occupational health and safety activities, including audit inspections and investigations of refusals to work under section 13 of the Act; and

(k) a procedure to review and, if necessary, revise the occupational health and safety program not less than once every three years or whenever there is a change of circumstances that could affect the health or safety of workers.

(3) An occupational health and safety program must be implemented and updated in consultation with:

(a) the Committee or representative; and

(b) the workers.

(4) An occupational health and safety program required under this section must be in writing and made available to the workers. Section 21 (1) to (4).

Environmental Protection Act

Environmental Protection

Protection Order

(1) Where the Chief Environmental Protection Officer is of the opinion, based on reasonable grounds, that it is necessary or advisable for the protection of the environment to do so, the Chief Environmental Protection Officer may, by order directed to any person, require that person:

(a) to install safeguards to prevent the discharge of contaminants into the environment;

(b) to site, transport, or store any contaminant in the manner set out in the order; or

(c) to have on hand at all times the equipment and material necessary to alleviate the effect of any discharge of contaminants that may be specified in the order.

(2) Where an inspector believes on reasonable grounds that a discharge of a contaminant in contravention of this Act, the regulations or a provision of a permit or license is likely to occur, the inspector may issue an order requiring any person whose actions may increase the likelihood of a discharge or the owner or person in charge, management or control of the contaminant to take the preventive measures that the inspector considers necessary. Section 4 (1)(2).

Discharge of Contaminants

(1) Subject to subsection (3), no person shall discharge or permit the discharge of a contaminant into the environment.

Exceptions

(3) Subsection (1) does not apply where the person who discharged the contaminant or permitted the discharge of the contaminant establishes that:

(a) the discharge is authorized by this Act or the regulations or by an order issued under this Act or the regulations;

(b) the contaminant has been used solely for domestic purposes and was discharged from within a dwelling-house;

(d) the discharge of the contaminant resulted from the burning of leaves, foliage, wood, crops, or stubble for domestic or agricultural purposes;

(e) the discharge of the contaminant resulted from burning for land clearing or land grading;

(f) the discharge of the contaminant resulted from a fire set by a public official for habitat management or silviculture purposes;

(g) the contaminant was discharged for the purposes of combatting a forest fire;

(h) the contaminant is a soil particle or grit discharged in the course of agriculture or horticulture; or

(i) the contaminant is a pesticide classified and labelled as "domestic" under the Pest Control Products Regulations (Canada). Section 5 (1) to (3).

For more information:

Exception to Environmental Protection Act. Section 5 (4).
Environmental emergency. Section 5.1.
Order of inspector. Section 6 (1).
Effect of order. Section 6(1)(3).
Order to remedy or repair damage. Section 7(1).
Measures where failure to comply with order. Section 7(2).

Further details on the Occupational Health and Safety Regulations and Environmental Protection Act can be found at canlii.org and canlii.org/en/nu/laws.

NUNAVUT

In Nunavut, employers are responsible for environmental safety under the Occupational Health and Safety Regulations Sections 12(a), 21, and the Environmental Protection Act Sections 4 to 7. Employers must implement a written occupational health and safety program addressing hazard identification, emergency response, and safe handling of hazardous substances. They are also required to prevent and respond to contaminant discharges, report environmental emergencies, and take remedial actions to protect the environment.